CHAPTER LXXXII.

SECRET HISTORY OF THE SECOND BILL FOR A FISCAL AGENT, CALLED FISCAL

CORPORATION: ITS ORIGIN WITH MR. TYLER: ITS PROGRESS THROUGH

CONGRESS UNDER HIS LEAD: ITS REJECTION UNDER HIS VETO.

Soon after the meeting of Congress in this extra session--in the

course of the first week of it--Mr. Gilmer, of Virginia, held a

conversation with a whig member of the House, in which he suggested

to him that "a couple of gentlemen of about their size," might

become important men in this country--leading men--and get the

control of the government. An explanation was requested--and

given. It was to withdraw Mr. Tyler from the whig party, and make

him the head of a third party, in which those who did it would

become chiefs, and have control in the administration. This was

the explanation; and the scheme was based, not upon any particular

circumstances, but upon a knowledge of Mr. Tyler's character and

antecedents: and upon a calculation that he would be dazzled with

the idea of being the head of a party, and let the government

fall into the hands of those who pleased him--his indolence,

and want of business habits disqualifying him for the labors of

administration. Democratic doctrines were to be the basis of the

new party, especially opposition to a national bank: but recruits

from all parties received. The whig member to whom this suggestion

for the third party was made, declined to have any thing to do with

it: nor was he further consulted. But his eyes were opened, and he

had to see; and he saw other whigs do what he would not. And he had

received a clue which led to the comprehension of things which he

did not see, and had got an insight that would make him observant.

But his lips were sealed under an injunction; and remained so, as

far as the public was concerned. I never heard him quoted for a

word on the subject; but either himself, or some one equally well

informed, must have given Mr. Clay exact information; otherwise he

could not have hit the nail on the head at every lick, as he did in

his replies to Mr. Rives and Mr. Archer in the debate on the first

veto message: as shown in the preceding chapter.

The movement went on: Mr. Tyler fell into it: the new party

germinated, microscopically small; but potent in the President's

veto power. A national bank was the touchstone; and that involved

a courtship with the democracy--a breach with the whigs. The

democracy rejoiced, and patted Mr. Tyler on the shoulder--even

those who despised the new party: for they deemed it fair to avail

themselves of a treachery of which they were not the authors; and

felt it to be a retributive justice to deprive the whigs of the

fruits of a victory which they had won by log-cabin, coonskin, and

hard cider tactics; and especially to effect the deprivation in

the person of one whom they had taken from the democratic camp,

and set up against his old friends--the more annoying to them

because he could tell of their supposed misdeeds when he was one

of them. To break their heads with such a stick had retribution

in it, as well as gratification: and Mr. Tyler was greatly

extolled. To the whigs, it was a galling and mortifying desertion,

and ruinous besides. A national bank was their life--the vital

principle--without which they could not live as a party--the

power which was to give them power: which was to beat down their

adversaries--uphold themselves--and give them the political and the

financial control of the Union. To lose it, was to lose the fruits

of the election, with the prospect of losing the party itself.

Indignation was their pervading feeling; but the stake was too great

to be given up in a passion; and policy required the temporizing

expedient of conciliation--the proud spirit of Mr. Clay finding

it hard to bend to it; but yielding a little at first. The breach

with the whigs was resolved on: how to effect it without too much

rudeness--without a violence which would show him an aggressor as

well as a deserter--was the difficulty; and indirect methods were

taken to effect it. Newspapers in his interest--the _Madisonian_ at

Washington and _Herald_ at New York--vituperated the whig party,

and even his cabinet ministers. Slights and neglects were put upon

those ministers: the bank question was to complete the breach; but

only after a long management which should have the appearance of

keeping faith with the whigs, and throwing the blame of the breach

upon them. This brings us to the point of commencing the history of

the second fiscal bank bill, ending with a second veto, and an open

rupture between the President and the whigs.

The beginning of the second bill was laid in the death of the first

one; as the seed of a separation from his cabinet was planted in

the same place. The first veto message, in rejecting one bill, gave

promise to accept another, and even defined the kind of bill which

the President could approve: this was encouraging to the whigs. But

that first veto was resolved upon, and the message for it drawn,

without consultation with his cabinet--without reference to them;

and without their knowledge--except from hearsay and accident. They

first got wind of it in street rumor, and in paragraphs in the

_Madisonian_, and in letters to the _New York Herald_: and got the

first knowledge of it from coming in upon the President while he

was drawing it. This was a great slight to his cabinet, and very

unaccountable to ministers who, only two short months before,

had been solicited to remain in their places--had been saluted

with expressions of confidence; and cheered with the declaration

that their advice and counsel would be often wanted. They felt the

slight of the neglected consultation, as well as the disappointment

in the rejected bill; but the President consoled them for the

disappointment (saying nothing about the slight) by showing himself

ready, and even impatient for another bill. This readiness for

another bill is thus related by Mr. Ewing, the Secretary of the

Treasury, in his letter of resignation of his office addressed to

the President; dated Sept. 11th, 1841:

"On the morning of the 16th of August I called at your chamber,

and found you preparing the first veto message, to be despatched

to the Senate. The Secretary of War came in also, and you read a

portion of the message to us. He observed that though the veto

would create a great sensation in Congress, yet he thought the

minds of our friends better prepared for it than they were some

days ago, and he hoped it would be calmly received, especially

as it did not shut out all hope of a bank. To this you replied,

that you really thought that there ought to be no difficulty

about it; that you had sufficiently indicated the kind of a bank

you would approve, and that Congress might, if they saw fit,

pass such a bill in three days."

Mr. Bell, the Secretary of War, referred to in the foregoing

statement of Mr. Ewing, thus gives his account of the same interview:

"I called on the President on official business on the morning

of Monday the 16th of August, before the first veto message was

sent in. I found him reading the message to the Secretary of the

Treasury. He did me the honor to read the material passages to

me. Upon reading that part of it which treats of the superior

importance and value of the business done by the late Bank of

the United States in furnishing exchanges between different

States and sections of the Union, I was so strongly impressed

with the idea that he meant to intimate that he would have no

objection to a bank which should be restricted to dealing in

exchanges, that I interrupted him in the reading, and asked

if I was to understand (by what he had just read) that he

was prepared to give his assent to a bank in the District of

Columbia, with offices or agencies in the States, having the

privilege, without their assent, to deal in exchanges between

them, and in foreign bills. He promptly replied that he thought

experience had shown the necessity of such a power in the

government. And (after some further remarks favorable to such a

bill) expressed the opinion that nothing could be more easy than

to pass a bill which would answer all necessary purposes--that

it could be done in three days."

Such are the concurrent statements of two of the cabinet; and Mr.

Alexander A. Stuart, a member of the House of Representatives from

Virginia, thus gives his statement to the same effect in his account

of the readiness of the President, amounting to anxiety, for the

introduction and passage of a second bill.

"After the adjournment of the House (on the 16th of August),

Mr. Pearce of Maryland (then a representative in Congress,

now a senator) called at my boarding-house, and informed me

that he was induced to believe that there was still some hope

of compromising the difficulties between Congress and the

President, by adopting a bank bill on the basis of a proposition

which had been submitted by Mr. Bayard (Richard H.) in the

Senate, modified so as to leave out the last clause which

authorized the conversion of the agencies into offices of

discount and deposit on certain contingencies. He produced to me

a portion of the Senate journal, containing that proposition,

with the obnoxious clause crossed out with ink; and requested

me to visit the President and see if we could not adjust the

difficulty. At first I declined, but at length yielded to his

desire, and promised to do so. About 5 o'clock, I drove to the

President's house, but found him engaged with a distinguished

_democratic_ senator. This I thought rather a bad omen; but

I made known my wish for a private audience; which in a few

minutes was granted. This was the first occasion on which I

had ventured to approach the President on the subject. I made

known to him at once the object of my visit, and expressed the

hope that some measure might be adopted to heal the division

between himself and the whig party in Congress. I informed

him of the existence of the committee to which I referred,

and mentioned the names of those who composed it, and relied

on their age and known character for prudence and moderation,

as the best guarantees of the conciliatory spirit of the whig

party in Congress. He seemed to meet me in the proper temper,

and expressed the belief that a fair ground of compromise might

yet be agreed upon. I then made known what I had heard of his

opinions in regard to Mr. Bayard's proposition. He asked me if I

had it with me? I replied in the affirmative, and produced the

paper, which had been given to me by Mr. Pearce with the clause

struck out, as above stated. He read it over carefully, and

said it would do, making no objection whatever to the clause in

regard to the establishment of agencies in the several States

without their assent. But he said the capital was too large, and

referred to Mr. Appleton and Mr. Jaudon as authority to prove

that ten or fifteen millions would be enough. I objected that it

might hereafter be found insufficient; and as the charter had

twenty years to run, it might be as well to provide against a

contingency which would leave the government dependent on the

bank for permission to enlarge the capital; and to obviate the

difficulty I suggested the propriety of giving to Congress the

power to increase it as the public exigencies should require. To

this he assented; and by his direction I made the note on the

margin of the paper; 'capital to be 15 millions of dollars--to

be increased at the option of Congress when public interests

require.' The President then said: 'Now if you will send me this

bill I will sign it in twenty-four hours.' (After informing

the President that there was a statute in Virginia against

establishing agencies of foreign banks in the State, he said),

'This must be provided for:' and he then took the paper and

wrote on the margin the following words, which were to come in

after the word 'or,' and before the word 'bank' in the first

line of the proposition of Mr. Bayard, (the blank line in this

paper), 'In case such agencies are forbidden by the laws of the

State.' I remonstrated against this addition as unnecessary, and

not meeting the objection; but he said: 'Let it stand for the

present; I will think about it.'--The President then instructed

me to go to Mr. Webster, and have the bill prepared at once; and

as I rose to leave him, after cautioning me not to expose him

to the charge of dictating to Congress, he held my right hand

in his left, and raising his right hand upwards, exclaimed with

much feeling: 'Stuart! if you can be instrumental in passing

this bill through Congress, I will esteem you the best friend I

have on earth.'"

The original paper of Mr. Bayard, here referred to, with the

President's autographic emendations upon it, were in the possession

of Mr. Benton, and burnt in the conflagration of his house, books

and papers, in February, 1855.

These statements from Messrs. Ewing, Bell, and Stuart are enough

(though others might be added) to show that Mr. Tyler, at the time

that he sent in the first veto message, was in favor of a second

bill--open and earnest in his professions for it--impatient for its

advent--and ready to sign it within twenty-four hours. The only

question is whether these professions were sincere, or only phrases

to deceive the whigs--to calm the commotion which raged in their

camp--and of which he was well informed--and to avert the storm

which was ready to burst upon him; trusting all the while to the

chapter of contingencies to swamp the bill in one of the two Houses,

or to furnish pretexts for a second veto if it should come back to

his hands. The progress of the narrative must solve the problem;

and, therefore, let it proceed.

The 18th of August--the day on which Mr. Clay was to have spoken in

the Senate on the first veto message, and which subject was then

postponed on the motion of Mr. Berrien for reasons which he declined

to state--Mr. Tyler had a meeting with his cabinet, in which the

provisions of the new bill were discussed, and agreed upon--the two

members picked out (one in each House--Mr. Sergeant and Mr. Berrien)

to conduct it--the cabinet invited to stand by him (the President)

and see that the bill passed. Mr. Ewing gives this account, of this

days' work, in his letter of resignation addressed to the President.

"I then said to you, 'I have no doubt that the House having

ascertained your views will pass a bill in conformity to

them, provided they can be satisfied that it would answer the

purposes of the Treasury, and relieve the country.' You then

said, 'cannot my cabinet see that this is brought about? You

must stand by me in this emergency. Cannot you see that a bill

passes Congress such as I can approve without inconsistency?' I

declared again my belief that such a bill might be passed. And

you then said to me, 'what do you understand to be my opinions?

State them: so that I may see that there is no misapprehension

about them.' I then said that I understood you to be of opinion

that Congress might charter a bank in the District of Columbia,

giving it its location here. To this you assented. That they

might authorize such bank to establish offices of discount and

deposit in the several States, with the assent of the States.

To this you replied, 'don't name discounts: they have been

the source of the most abominable corruptions, and are wholly

unnecessary to enable the bank to discharge its duties to the

country and the government.' I observed in reply that I was

proposing nothing, but simply endeavoring to state what I had

understood to be your opinion as to the powers which Congress

might constitutionally confer on a bank; that on that point I

stood corrected. I then proceeded to say that I understood you

to be of opinion that Congress might authorize such bank to

establish agencies in the several States, with power to deal in

bills of exchange, without the assent of the States, to which

you replied, 'yes, if they be foreign bills, or bills drawn

in one State and payable in another. That is all the power

necessary for transmitting the public funds and regulating

exchanges and the currency.' Mr. Webster then expressed, in

strong terms, his opinion that such a charter would answer

all just purposes of government and be satisfactory to the

people; and declared his preference for it over any which had

been proposed, especially as it dispensed with the assent of

the States to the creation of an institution necessary for

carrying on the fiscal operations of government. He examined

it at some length, both as to its constitutionality and its

influence on the currency and exchanges, in all which views you

expressed your concurrence, desired that such a bill should be

introduced, and especially that it should go into the hands

of some of your _friends_. To my inquiry whether Mr. Sergeant

would be agreeable to you, you replied that he would. You

especially requested Mr. Webster and myself to communicate with

Messrs. Berrien and Sergeant on the subject, to whom you said

you had promised to address a note, but you doubted not that

this personal communication would be equally satisfactory.

You desired us, also, in communicating with those gentlemen,

not to commit you personally, lest, this being recognized as

your measure, it might be made a subject of comparison to your

prejudice in the course of discussion. You and Mr. Webster then

conversed about the particular wording of the 16th fundamental

article, containing the grant of power to deal in exchanges, and

of the connection in which that grant should be introduced; you

also spoke of the name of the institution, desiring that _that_

should be changed. To this I objected, as it would probably be

made a subject of ridicule, but you insisted that there was much

in a name, and this institution ought not to be called a bank.

Mr. Webster undertook to adapt it in this particular to your

wishes. Mr. Bell then observed to Mr. Webster and myself that we

had no time to lose; that if this were not immediately attended

to, another bill, less acceptable, might be got up and reported.

We replied that we would lose no time. Mr. Webster accordingly

called on Messrs. Berrien and Sergeant immediately, and I waited

on them by his appointment at 5 o'clock on the same day, and

agreed upon the principles of the bill in accordance with your

expressed wishes. And I am apprised of the fact, though it did

not occur in my presence, that after the bill was drawn up, and

before it was reported, it was seen and examined by yourself;

that your attention was specially called to the 16th fundamental

article: that on full examination you concurred in its

provisions: that at the same time its name was so modified as to

meet your approbation: and the bill was reported and passed, in

all essential particulars, as it was when it came through your

hands."

The sixteenth fundamental article, here declared to have been

especially examined and approved by the President, was the part

of the bill on which he afterwards rested his objections to its

approval, and the one that had been previously adjusted to suit him

in the interview with Mr. Stuart: Mr. Sergeant, and Mr. Berrien

(mentioned as the President's choice to conduct the bill through

the two Houses), were the two members that actually did it; and

they did it with a celerity which subjected themselves to great

censure; but which corresponded with the President's expressed

desire to have it back in three days. Every part of the bill was

made to suit him. The title, about which he was so solicitous to

preserve his consistency, and about which his cabinet was so fearful

of incurring ridicule, was also adjusted to his desire. Mr. Bell

says of this ticklish point: "A name, he (the President) said, was

important. What should it be? Fiscal Institute would do." It was

objected to by a member of the cabinet, and Fiscal Bank preferred.

He replied, "there was a great deal in a name, and he did not want

the word bank to appear in the bill." Finally, Fiscal Corporation

was agreed upon. Other members of the cabinet, in their letters of

resignation, who were present on the 18th, when the bill was agreed

upon, corroborated the statement of Mr. Ewing, in all particulars.

Mr. Badger said, "It was then distinctly stated and understood

that such an institution (the plan before the cabinet) met the

approbation of the President, and was deemed by him free from

constitutional objections; that he desired (if Congress should deem

it necessary to act upon the subject during the session) that such

an institution should be adopted by that body, and that the members

of his cabinet should aid in bringing about that result: and Messrs.

Webster and Ewing were specially requested by the President to have

a communication on the subject with certain members of Congress.

In consequence of what passed at this meeting I saw such friends

in Congress as I deemed it proper to approach, and urged upon them

the passage of a bill to establish such an institution (the one

agreed upon), assuring them that I did not doubt it would receive

the approbation of the President. Mr. Bell is full and particular

in his statement, and especially on the point of constitutionality

in the 16th fundamental article--the reference to Mr. Webster on

that point--his affirmative opinion, and the concurrence of the

President in it. A part of the statement is here given--enough for

the purpose."

"The President then gave the outline of such a bank, or fiscal

institution, as he thought he could sanction. It was to be in

the District of Columbia, to have the privilege of issuing

its own notes, receive moneys on deposit, and to deal in

bills of exchange between the States, and between the United

States and foreign states. But he wished to have the opinion

of his cabinet upon it. His own consistency and reputation

must be looked to. He considered his cabinet his friends, who

must stand by and defend whatever he did upon the subject.

He appealed particularly to Mr. Webster, for his opinion on

the point of consistency; and whether there was not a clear

distinction between the old bank of the United States--a bank of

discount and deposit--and the one he now thought of proposing;

and whether the constitutional question was not different. He

reminded us that in all his former speeches and reports, he

had taken the ground that Congress had no constitutional power

to charter a bank which had the power of local discount. Mr.

Webster pointed out the distinction between the two plans, which

appeared to be satisfactory to him."

On the point of having himself understood, and all chance for

misunderstanding obviated, the President was very particular, and

requested Mr. Ewing to repeat what he (the President) had said. Mr.

Ewing did so; and having at one point deviated from the President's

understanding, he was stopped--corrected--set right; and then

allowed to go on to the end. Mr. Bell's own words must tell the rest.

"The President said he was then understood. He requested Mr.

Webster particularly to communicate with the gentlemen (Messrs.

Sergeant and Berrien), who had waited upon him that morning,

and to let them know the conclusions to which he had come. He

also requested Mr. Ewing to aid in getting the subject properly

before Congress. He requested that they would take care not to

commit him by what they said to members of Congress, to any

intention to dictate to Congress. They might express their

confidence and belief that such a bill as had just been agreed

upon would receive his sanction; but it should be as matter

of inference from his veto message and his general views. He

thought he might request that the measure should be put into the

hands of some friend of his own upon whom he could rely. Mr.

Sergeant was named, and he expressed himself satisfied that he

should have charge of it. He also expressed a wish to see the

bill before it was presented to the House, if it could be so

managed."

Thus instructed and equipped, the members of the cabinet went

forth as requested, and had such success in preparing a majority

of the members of each House for the reception of this Fiscal

Corporation bill, and for its acceptance also that it was taken

up to the exclusion of all business, hurried along, and passed

incontinently--as shown in the public history of the bill in the

preceding chapter; and with such disregard of decent appearances,

as drew upon the President's two conductors of the bill (Messrs.

Sergeant and Berrien) much censure at the time--to be vetoed, like

the first; and upon objections to that 16th fundamental rule, which

had been the subject of such careful consideration--of autographic

correction--clear understanding--and solemn ratification. And here

the opportunity occurs, and the occasion requires, the correction

of a misapprehension into which senators fell (and to the prejudice

of Mr. Berrien), the day he disappointed the public and the Senate

in putting off the debate on the first veto message, and taking up

the bankrupt bill. He declined to give a reason for that motion,

and suspicion assigned it to an imperious requisition on the part

of the senators who had taken the bankrupt act to their bosoms, and

who held the fate of Mr. Clay's leading measures in their hands.

It was afterwards known that this was a mistake, and that this

postponement, as well as the similar one the day before, were both

yielded to conciliate Mr. Tyler--to save him from irritation (for

he had a nervous terror of Mr. Clay's impending speech) while the

new bill was in process of concoction. This process was commenced

on the 16th of August, continued on the 17th, and concluded on the

18th. Mr. Clay consented to the postponement of his anti-veto speech

both on the 17th and on the 18th, not to disturb this concoction;

and spoke on the 19th--being the day after the prepared bill had

been completed, and confided to its sponsors in the House and

the Senate. All this is derived from Mr. Alexander A. Stuart's

subsequent publication, to comprehend which fully, his account of

his connection with the subject must be taken up from the moment

of his leaving the President's house, that night of the 16th; and

premising, that the whig joint committee of which he speaks, was

a standing little body of eminent whigs, whose business it was to

fix up measures for the action of the whole party in Congress. With

this preliminary view, the important statement of Mr. Stuart will be

given.

"Upon leaving the President, I took a hack, and drove

immediately to Mr. Webster's lodgings, which were at the

opposite end of the city; but, unfortunately he was not at

home. I then returned to my boarding-house, where I told what

had transpired to my messmates, Mr. Summers, and others. After

tea I went to the meeting of the joint committee, of which I

have already spoken. I there communicated to Mr. Sergeant,

before the committee was called to order, what had occurred

between the President and myself. When the committee was first

organized there was a good deal of excitement, and difference of

opinion; and an animated debate ensued on various propositions

which were submitted. Finally I was invited by Mr. Sergeant to

state to the committee what had passed between the President

and myself; which I did, accompanied by such remarks as I

thought would have a tendency to allay excitement, and lead to

wise and dispassionate conclusions. After much deliberation,

the committee concluded to recommend to the whig party, in

both Houses of Congress, to accede to the President's views. A

difficulty was then suggested, that the veto message had been

made the order of the day at noon, and Mr. Clay had the floor;

and it was supposed that the debate might possibly assume such

a character as to defeat our purposes of conciliation. Mr.

Mangum at once pledged himself that Mr. Clay should offer no

obstacle to the adjustment of our difficulties; and engaged

to obtain his assent to the postponement of the orders of the

day, until we should have an opportunity of reporting to a

general meeting of the whig party, and ascertaining whether

they would be willing to accept a bank on the basis agreed on

by Mr. Tyler and myself--with this understanding the committee

adjourned. On the next day (17th of August) Mr. Mangum, with Mr.

Clay's assent, moved the postponement of the discussion of the

veto, and it was agreed to (see Senate Journal, p. 170): and

on the 18th of August the subject was again, with Mr. Clay's

concurrence, postponed, on the motion of Mr. Berrien. (Senate

Journal, p. 173.) During this time the whigs held their general

meeting, and agreed to adopt a bill on the President's plan; and

Mr. Sergeant and Mr. Berrien were requested to see that it was

properly drawn; and, if necessary, to seek an interview with the

President to be certain that there was no misunderstanding as to

his opinions. From this statement, confirmed by the journals of

the Senate, it will be seen with how much truth Mr. Tyler has

charged Mr. Clay with an intolerant and dictatorial spirit, and

a settled purpose to embarrass his administration. So far from

such being the fact, I state upon my own personal knowledge,

that Mr. Clay made every sacrifice consistent with honor and

patriotism, to avoid a rupture with Mr. Tyler. The result of

the labors of Messrs. Sergeant and Berrien, was the second

bank bill, which these distinguished jurists supposed to be in

conformity with the President's views."

From this array of testimony it would seem certain that the

President was sincerely in favor of passing this second bill: but

this account has a _per contra_ side to it; and it is necessary to

give the signs and facts on the other side which show him against

it from the beginning. These items are:--1. The letters in the

_New York Herald_; which, from the accuracy with which they told

beforehand what the President was to do, had acquired a credit

not to be despised; and which foreshadowed the veto, lauding the

President and vituperating his cabinet. 2. A sinister rumor to that

effect circulating in the city, and countenanced by the new friends

who were intimate with the President. 3. The concourse of these at

his house. 4. The bitter opposition to it from the same persons in

the House and the Senate; a circumstance on which Mr. Clay often

remarked in debate, with a significant implication. 5. What happened

to Mr. Bell; and which was this: on the 17th day of August Mr.

Tyler requested him to make up a statement from the operations of

the war department (its receipts and disbursements) to show the

advantage of such a bank as they had agreed upon, and to be used as

an argument for it. Mr. Bell complied with alacrity, and carried

the statement to the President himself the same evening--expecting

to be thanked for his zeal and activity. Quite the contrary. "He

received the statements which I gave him (writes Mr. Bell) with

manifest indifference, and alarmed me by remarking that he began

to doubt whether he would give his assent (as I understood him) to

any bill." 6. What happened to Mr. Webster and Mr. Ewing, and which

is thus related by the latter in his letter of resignation to the

President: "You asked Mr. Webster and myself each to prepare and

present you an argument touching the constitutionality of the bill

(as agreed upon); and before those arguments could be prepared and

read by you, you declared, as I heard and believe, to gentlemen,

members of the House, that you would cut off your right hand rather

than approve it." 7. What passed between Mr. Wise and Mr. Thompson

of Indiana in the debate on the veto of this bill, and which thus

appears on the Congress Register: "Mr. Wise rose and said, that

he had _always_ felt perfectly assured that the President would

not sign a bank: that if he had been waked up at any hour of the

night he would have declared his opposition to a bank." To which

Mr. Thompson: "Then why not tell us so at once? Why all this

subterfuge and prevarication--this disingenuous and almost criminal

concealment? What labor, care, and anxiety he would have saved us."

8. Rumors that Mr. Tyler was endeavoring to defeat the bill while

on its passage. 9. Proof _point blanc_ to that effect. As this is

a most responsible allegation, it requires a clear statement and

exact proof; and they shall both be given. On the 25th of August,

after the bill had passed the House and was still before the Senate,

Mr. Webster wrote a letter to Messrs. Choate and Bates (the two

senators from Massachusetts) in which, speaking in the interest of

the President, and of his personal knowledge, he informed them that

the President had seen the rapid progress of the bill in the House

with regret, and wished it might have been postponed;--and advised

the whigs to press it no further; and justified this change in the

President on Mr. Botts' letter, which had just appeared. This is the

allegation, and here is the proof in the letter itself--afterwards

furnished for publication by Mr. Webster to the editors of the

_Madisonian_:

"GENTLEMEN:--As you spoke last evening of the general policy of

the whigs, under the present posture of affairs, relative to the

bank bill, I am willing to place you in full possession of my

opinion on that subject.

"It is not necessary to go further back, into the history of

the past, than the introduction of the present measure into the

House of Representatives.

"That introduction took place, within two or three days, after

the President's disapproval of the former bill; and I have not

the slightest doubt that it was honestly and fairly intended as

a measure likely to meet the President's approbation. I do not

believe that one in fifty of the whigs had any sinister design

whatever, if there was an individual who had such design.

"But I know that the President had been greatly troubled, in

regard to the former bill, being desirous, on one hand, to meet

the wishes of his friends, if he could, and on the other, to do

justice to his own opinions.

"Having returned this first bill with objections, a new one was

presented in the House, and appeared to be making rapid progress.

"_I know the President regretted this, and wished the whole

subject might have been postponed._ At the same time, I believed

he was disposed to consider calmly and conscientiously whatever

other measure might be presented to him. But in the mean time

Mr. Botts' very extraordinary letter made its appearance. Mr.

Botts is a whig of eminence and influence in our ranks. I need

not recall to your mind the contents of the letter. It is enough

to say, that it purported that the whigs designed to circumvent

their own President, to 'head him' as the expression was and to

place him in a condition of embarrassment. From that moment, I

felt that it was the duty of the whigs to forbear from pressing

the bank bill further, at the present time. I thought it was but

just in them to give decisive proof that they entertained no

such purpose, as seemed to be imputed to them. And since there

was reason to believe, that the President would be glad of time,

for information and reflection, before being called on to form

an opinion on another plan for a bank--a plan somewhat new to

the country--I thought his known wishes ought to be complied

with. I think so still. I think this is a course, just to the

President, and wise on behalf of the whig party. _A decisive

rebuke ought, in my judgment, to be given to the intimation,

from whatever quarter, of a disposition among the whigs to

embarrass the President._ This is the main ground of my opinion;

and such a rebuke, I think, would be found in the general

resolution of the party to postpone further proceedings on the

subject to the next session, now only a little more than three

months off.

"The session has been fruitful of important acts.--The wants of

the Treasury have been supplied; provisions have been made for

fortifications, and for the navy; the repeal of the sub-treasury

has passed; the bankrupt bill, that great measure of justice and

benevolence, has been carried through; and the land bill seems

about to receive the sanction of Congress.

"In all these measures, forming a mass of legislation, more

important, I will venture to say, than all the proceedings

of Congress for many years past, the President has cordially

concurred.

"I agree, that the currency question is, nevertheless, the great

question before the country; but considering what has already

been accomplished, in regard to other things; considering the

difference of opinion which exists upon this remaining one;

and, considering, especially, that it is the duty of the whigs

effectually to repel and put down any supposition, that they

are endeavoring to put the President in a condition, in which

he must act under restraint or embarrassment, I am fully and

entirely persuaded, that the bank subject should be postponed

to the next session. I am gentlemen, your friend and obedient

servant. (Signed, Daniel Webster, and addressed to Messrs.

Choate and Bates, senators from Massachusetts, and dated, August

25th, 1841.)"

This is the proof, and leaves it indisputable that the President

undertook to defeat his own bill. No more can be said on that point.

The only point open to remark, and subject to examination, is the

reason given by Mr. Webster for this conduct in the President;

and this reason is found in Mr. Botts' letter--which had just

made its appearance. That letter might be annoyance--might be

offensive--might excite resentment: but it could not change a

constitutional opinion, or reverse a state policy, or justify a

President in breaking his word to his cabinet and to the party that

had elected him. It required a deeper reason to work such results;

and the key to that reason is found in the tack taken in the first

eight or nine days of the session to form a third party, breaking

with the whigs, settling back on the democracy, and making the bank

veto the point of rupture with one, the cement with the other,

the rallying points of the recruits, and the corner-stone of the

infant Tyler party. That was the reason: and all the temporizing and

double-dealing--pushing the bill forward with one hand, and pulling

back with the other--were nothing but expedients to avert or appease

the storm that was brewing, and to get through the tempest of his

own raising with as little damage to himself as possible. The only

quotable part of this letter was the phrase, "_Head Captain Tyler,

or die:_" a phrase quoted by the public to be laughed at--by Mr.

Webster, to justify Mr. Tyler's attempt to defeat his own bill, so

solemnly prepared and sent to the whigs, with a promise to sign it

in twenty-four hours if they would pass it. The phrase was fair

though it presented a ridiculous image. This "heading," applied to

a person signifies to check, or restrain; applied to animals (which

is its common use in the South and the West) is, to turn one round

which is running the wrong way, and make it go back to the right

place. Taken in either sense, the phrase is justifiable, and could

only mean checking Mr. Tyler in his progress to the new party, and

turning him back to the party that elected him Vice-president. As

for the "dying," that could imply no killing of persons, nor any

death of any kind to "Captain Tyler," but only the political death

of the whigs if their President left them. All this Mr. Webster knew

very well, for he was a good philologist, and knew the meaning of

words. He was also a good lawyer, and knew that an odious meaning

must be given to an innocent word when it is intended to make it

offensive. The phrase was, therefore, made to signify a design

to circumvent the President with a view to embarrass him--Mr.

Clay being the person intended at the back of Mr. Botts in this

supposed circumvention and embarrassment. But circumvent was not

the word of the letter, nor its synonyme; and is a word always used

in an evil sense--implying imposition, stratagem, cheat, deceit,

fraud. The word "heading" has no such meaning: and thus the imputed

offence, gratuitously assumed, makes its exit for want of verity.

Embarrassment is the next part of the offence, and its crowning

part, and fails like the other. Mr. Clay had no such design. That is

proved by Mr. Stuart, and by his own conduct--twice putting off his

speech--holding in his proud spirit until chafed by Mr. Rives--then

mollifying indignant language with some expressions of former regard

to Mr. Tyler. He had no design or object in embarrassing him. No

whig had. And they all had a life and death interest (political) in

conciliating him, and getting him to sign: and did their best to do

so. The only design was to get him to sign his own bill--the fiscal

corporation bill--which he had fixed up himself, title and all--sent

out his cabinet to press upon Congress--and desired to have it back

in three days, that he might sign it in twenty-four hours. The only

solution is, that he did not expect it to come back--that he counted

on getting some whigs turned against it, as tried without avail on

Messrs. Choate and Bates; and that he could appease the whig storm

by sending in the bill, and escape the performance of his promise

by getting it defeated. This is the only solution; and the fact is

that he would have signed no bank bill, under any name, after the

eighth or ninth day of the session--from the day that he gave into

the scheme for the third party, himself its head, and settling back

upon his _ci-devant_ democratic character. From that day a national

bank of any kind was the Jonas of his political ship--to be thrown

overboard to save the vessel and crew.

And this is the secret history of the birth, life and death of the

second fiscal bank, called fiscal corporation--doomed from the first

to be vetoed--brought forward to appease a whig storm--sometimes

to be postponed--commended to the nursing care of some--consigned

to the strangling arts of others: but doomed to be vetoed when it

came to the point as being the corner-stone in the edifice of the

new party, and the democratic baptismal regeneration of Mr. Tyler

himself.

Thirty Years' View (Vol. 2 of 2) or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850 · 第 82 / 202 章